Privacy Policy

Brand New Heroes (“BNH”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we or our third-party service providers collect through certain of our owned or controlled websites, web properties (e.g., widgets and applications) and mobile applications (“Mobile Apps”) in each case, that link to this Privacy Policy (each, a “Property” or collectively the “ Properties”). By providing Personal Information (as defined below) to us through the Properties, you acknowledge you have read this Privacy Policy and you understand the terms and conditions herein. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including Facebook, Inc., Apple Inc., Google LLC, Microsoft Corp., any wireless carriers, our artists, our affiliates and any third party operating any site or property to which any Property contains a link. In addition, the inclusion of a link on any Property does not imply endorsement of, or affiliation with, the linked site or Property by us or by our artists or affiliates. Please note that the Properties may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with a Property) certain information directly to third parties, such as Facebook, or to any application platform, such as Apple’s App Store or Google Play. Such information is submitted by you directly to such third parties and this Privacy Policy does not apply to any such information submitted by you.

PERSONAL INFORMATION

Personal Information We May Collect

Two types of information are collected in connection with the Properties: Personal Information and Other Information.

“Personal Information” is information that identifies you or makes you identifiable as an individual.

“Other Information” is any information that does not reveal your specific identity. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. Other Information is addressed separately below, under the heading “OTHER INFORMATION”. We and our third-party service providers may collect the following Personal Information from you:

  • Name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address
  • Credit and debit card number
  • Shopping Cart Content
Collection of Personal Information

We and our third-party service providers collect Personal Information through the Properties in a variety of ways, including:

  • Through the Properties
    • We may collect Personal Information through the Properties, for example, when you register for newsletters or other communications through the Properties, make a purchase or make a request.
  • Offline
    • We may collect Personal Information from you offline, e.g., if you provide information to us at a concert venue.
  • From Other Sources
    • We may receive your Personal Information from other sources, for example:
      • publicly available databases; or
      • marketing partners when they share information with us in the context of marketing and promotional campaigns related to our business.
    • If you use your social media or other third party account to enter our sweepstakes, contest, or promotions or via an initiation to sign into such account on our Properties, you will share certain Personal Information from your third party account with us which may include, for example, your name, email address, photo, list of social media contacts, listening history, favorite tracks and any other information that you make or which is otherwise accessible to us when you connect through such third party account.

You are not required by statute or contract to provide any Personal Information to us. For example, when you participate in various opportunities provided through the Properties, we collect Personal Information from you in order to enable you (or us) to complete your experience on the Properties.

How We Use Personal Information

We and our third-party service providers use Personal Information for the following business purposes including:

  • Providing the functionality of the Properties and fulfilling your requests.
    • To provide the Properties’ functionality to you, such as arranging access to your registered account, and providing you with related customer service.
    • To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our Properties.
    • To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
    • To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
    • To allow you to send messages (for example, music clips or artist information) to a friend through the Properties. By using such functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
  • Providing you with our newsletter and/or other marketing materials and facilitating social sharing
    • To send you marketing communications, that we believe may be of interest to you if you have indicated that you would like to receive them (including, without limitation, by our third-party service providers that send direct mail, email, and other types of advertising)
    • To facilitate social sharing functionality that you choose to use.We will engage in this activity with your consent.
  • Analysis of Personal Information for business reporting and providing personalized services.
    • To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Properties.
    • To personalize your experience on the Properties using your IP address, by presenting content, products, and offers tailored to you.We will provide personalized services either with your consent or because we have a legitimate interest.
  • Allowing you to participate in sweepstakes, contests or other promotions.
    • To allow you to participate in sweepstakes, contests and similar promotions using your email address, and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern.We use this information to manage our contractual relationship with you.
  • Aggregating and/or anonymizing Personal Information.
    • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
  • Accomplishing our business purposes.
    • Data analysis, for example, to improve the efficiency of our Properties;
    • Audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
    • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
    • For developing new products and services;
    • For enhancing, improving, or modifying our current products and services;
    • For identifying usage trends, for example, understanding which parts of our Properties are of most interest to users;
    • For determining the effectiveness of promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
    • For operating and expanding our business activities, for example, understanding which parts of our Properties are of most interest to our users so we can focus our energies on meeting our users’ interests.We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
Disclosure of Personal Information

We disclose Personal Information:

  • To our third-party service providers (and in some cases, our affiliates), to facilitate the services they provide to us
    • These can include providers of services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services.
  • To third parties, to permit them to send you marketing communications, consistent with your choices.
    • Unaffiliated third parties or their vendors, to permit them to send, or cause to be sent, marketing communications to you in online and offline media.
    • BNH and his representatives, so that the artist and his representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a) sign up to join the applicable artist’s mailing list and/or to receive such artist’s newsletters, (b) register with the applicable artist’s website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable artist. We do not control, and are not responsible for, artists’ and their representatives’ use of Personal Information.
    • To a relevant artist who is no longer affiliated with us, if you indicated an interest in such artist (for example, by registering with the artist’s website)
  • To third parties that sponsor contests, sweepstakes and similar promotions so that they can facilitate and administer such contests, sweepstakes and promotions
  • By using the Properties, you may elect to disclose Personal Information
    • On or through message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose on or through a Property will become public information, and may be available to visitors to such Property and to the general public, and may be redistributed through the Internet and other media channels where they will reach an even broader audience. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY PROPERTY.
Other Uses and Disclosures

We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

  • To comply with applicable law.
    • This can include laws outside your country of residence.
  • To respond to requests from public and government authorities.
    • These can include authorities outside your country of residence.
  • To cooperate with law enforcement.
    • For example, when we respond to law enforcement requests and orders.
  • For other legal reasons.
    • To enforce our terms and conditions
    • To protect our operations or those of any of our affiliates or artists;
    • To protect our rights, privacy, safety or property, or that of our affiliates, you or others
    • To allow us to pursue available remedies or limit the damages that we may sustain.
  • In connection with a sale or business transaction.
    • We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors.
Retention Period

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.The criteria we use to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Properties to you (for example, for as long as you have an account with us or keep using the Properties);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
Sensitive Information

We ask that you not send us, and you not disclose to us, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise.

OTHER INFORMATION

Other Information We May Collect

We and our third-party service providers may collect Other Information (defined above) such as:

  • Browser and device information
  • Mobile App usage data
  • Server log files
  • Information collected through cookies, pixel tags and other technologies.
  • Geographic location information
  • Demographic information and other non-personally identifiable information provided by you
  • Information about how you use the Properties
  • Aggregated information

How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:

  • Through your browser or your device: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property that you are using. We and our service providers may also collect a unique device identifier assigned by us or our service providers to the device from which you are accessing a Property and other transactional information for the device that we and our service providers may use to serve content and advertisements to the device.
  • Through your use of Mobile Apps: When you download and use a Mobile App, we and our service providers may track and collect Mobile App usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.
  • Through server log files: An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing a Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Property, along with the time of the visit and the activity on the Property. We and our service providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.
  • Using cookies: We and our service providers may use cookies, pixel tags, web beacons, Adobe Flash technology (including Flash Local Stored Objects (“ Flash LSOs”)) and other similar technologies to, among other things, better serve you with more tailored information for our products and services, and for those of third parties, facilitate your ongoing access to and use of the Properties, and collect and store information about your use of the Properties. For example, pixel tags and web beacons may be used in connection with a Property to, among other things, track the actions of such Property’s users, measure the success of marketing campaigns and compile statistics about such Property’s usage and response rates.
    • If you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the Properties are accessed that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Properties that may not be available to you.
    • If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Properties, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Properties or our content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
    • The use of these technologies allows our vendors, and third parties and their vendors, to deliver advertisements about our products and services, and the products and services of others, when you use the Properties or other applications or visit websites or web properties across the Internet on any of your devices. These parties may place so-called “pixel tags,” “web beacons,” “clear GIFs” or similar technologies on the device through which you access the Properties, and other applications or websites across the Internet, and also place or recognize third-party cookies when you use the Properties, or other applications, websites or web properties. They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile device and a laptop. These vendors and third parties may use information about your visits, on the different devices you use, to the Properties, and other applications, websites or web properties (excluding your name, address, and telephone number), as well as information received from third parties, to provide advertisements for us and others about goods and services that may be of interest to you. If you would like more information about this practice, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info. You may also visit those sites to opt out of these advertising practices in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy.
    • Our Properties do not respond to browser-based do-not-track signals.
  • Geographic location information: : If you use any location-enabled products or services, you may be sending us location information. When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. We and our third party service providers and partners may use your device’s physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
  • From you: We may collect demographic information, such as your zip code or gender, as well as other information, such as your preferred means of communication, when you voluntarily provide this information to us. This information does not necessarily personally identify you or any other user of the Properties, unless further information is added to it that would allow identification to take place. In such case, the information will be treated as Personal Information.
  • Information about how you interact on the Properties: We may collect information about how you interact on the Properties. For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.
  • By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.
How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

SECURITY

We will use reasonable physical, technical and administrative measures to protect Personal Information under our control. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately in accordance with the “Contacting Us” section below.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give you many choices regarding our use and disclosure of Personal Information about you for marketing purposes.
You may opt-out from the following as set forth below:

  • Receiving marketing-related emails from us and our affiliates: If you do not want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out from receiving such emails by using the unsubscribe mechanism provided in the email.

In each case, please make clear in your email what you are opting-out from. We will comply with your request(s) as soon as reasonably practicable. Please note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you. 

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time.

CONTACTING US

If you have any questions or concerns about this Privacy Policy or our data processing practices, please contact us. Alternatively, if you are located within the EU/EEA, you may also lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available here. Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.

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